Legal Question in Family Law in Massachusetts

I filed divorce papers and had them served on my husband. He has 20 days to respond (Massachusetts law). What happens if he does not respond within that time frame? How does that affect my case? At this point, he has 5 days left and I'm not holding out hope that he will be sending his answer.


Asked on 3/25/10, 10:04 am

1 Answer from Attorneys

Sue-Ellen Kresh Law Office of Sue-Ellen Kresh

Hello,

The short answer is that as long as you can prove proper service, even if he does not file an answer everything will still move forward as far as the court assigning an intial court date and the divorce process will have begun. If this is what you are asking, someone can't avoid getting a divorce by not filing an answer though they may later lose the opportunity to raise certain arguments they filed to raise at the appropriate time. Are you both pro se, as in representing yourselves? Under certain circumstances Court sometimes allow parties to file late answers depending on the grounds argued as the basis for lateness.

Good luck!

Sue-Ellen Kresh

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Answered on 3/30/10, 11:49 am


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